2026 (6) TMI 363

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....n the facts and circumstances of the case, the order passed by the CIT(A), NFAC, Delhi is bad both in the eyes of law and on facts. 1.1 Ld. CIT(A) has erred in law and on fact in confirming the action of the AO despite the fact that the penalty order passed by the AO is illegal, invalid and liable to be quashed. 2. On the facts and circumstance of the case, the Learned CIT(A) has erred both on facts and in laws in confirming the action of the AO levying penalty of Rs. 1,12,320/- invoking the provision of section 270A read with section 274 of the Income-tax Act. 3. On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in confirming the penalty on the amount of Rs. 1,80,00....

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.... 7. On the facts and circumstances of the case the learned CIT (A) has erred both on facts and in law in confirming the penalty levied by the AO ignoring the contention of the assessee that the penalty proceedings are independent proceedings, as such mere addition/disallowance does not lead to levy of penalty. 8. On the facts and circumstances of the case, the learned CIT (A) has erred both on facts and in law in confirming the penalty levied u/s 270A of the Act despite the fact that no finding has been given on merit regarding underreporting of income in the order passed by the AO." 3. The assessee being an individual filed his return of income for A.Y. 2019- 20 on 03.08.2019 declaring total income of Rs. 18,25,640/-. The ....

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....ce u/s 274 r.w.s. 270A of the Act was issued on 10.03.2025. The assessee filed reply. After taking cognizance of the assessee's reply the Ld. AO imposed penalty of Rs. 1,12,320/- u/s 270A of the Act. 4. Being aggrieved by the penalty order u/s 270A of the Act, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee. 5. The Ld. Authorised Representative (in short "Ld. AR") for the assessee submitted that the assessee has already declared the said amount of Rs. 1,80,000/- in his return of income and has withdrawn the claim of deduction u/s 80GGC of the Act. Thus, the assessee has given the full and clear details of his income and there was no variation between income assessed and income returned for ....